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2026 Supreme(Online)(UK) 2032

HIGH COURT OF UTTARAKHAND
Alok Mahra, J
PRAVESH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
CRLR/678/2023 | Criminal Misc. Case No. 02 of 2022



Advocates:
For the Appellants/Petitioners: Bina Pande
For the Respondents: Deepak Bisht, Rajat Mittal

Section 125, the Code of Criminal Procedure, aims to prevent destitution by ensuring financial support for a spouse, enabling a standard of living commensurate with their partner's status. Revisional courts will not interfere with maintenance awards absent clear jurisdictional error, illegality, or perversity.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 125 - Maintenance - Quantum of - Claim for reduction of maintenance on grounds of financial capacity - Object of provision is to prevent destitution and provide financial support - Maintenance must enable a spouse to live with dignity commensurate with the status and standard of living of the partner - Assessment of maintenance based on income and financial capacity of the spouse cannot be deemed unreasonable or excessive unless it suffers from perversity. (Paras 9 and 10)

(B) Revisional Jurisdiction - Scope and ambit - High Court in exercise of revisional jurisdiction does not function as an appellate authority to re-examine evidence - Interference is only warranted if the impugned order displays jurisdictional error, illegality, or material irregularity. (Para 10)

Facts of the case:
This revision was preferred challenging a maintenance order granting a monthly sum in favor of the wife due to matrimonial discord. The husband, employed as an operator, contested the amount as excessive relative to his monthly earnings, while the wife maintained she had no independent source of income and was entitled to lead a life of dignity. Reconciliation efforts were unsuccessful, and the matter reached the court for assessment of the correctness of the maintenance amount awarded by the lower court.

Findings of Court:
The marital relationship being undisputed and no independent source of income for the wife being demonstrated, the court upheld the maintenance award. It was held that determining the quantum involves considering the income of the spouse and the need for the recipient to live in a manner commensurate with their partner's lifestyle.

Issues: Whether the awarded maintenance is excessive based on the payer's income and whether the impugned order suffers from any illegality, perversity, or material irregularity warranting interference under revisional jurisdiction.

Ratio Decidendi: The court reasoned that Section 125 of the Code serves a social welfare purpose to mitigate destitution. Evaluating financial records and the living standards of the parties, the court found the quantum reasonable and concluded there was no ground to establish that the lower court had acted beyond its legal bounds or exercised its authority perversely.

Result: Criminal revision dismissed.

Table of Content
1. procedural status and matrimonial history. (Para 2 , 3 , 4 , 5)
2. parties' contentions regarding maintenance quantum. (Para 6 , 7)
3. maintenance ensures dignity and prevents destitution. (Para 8 , 9 , 10)
4. dismissal of revision for lack of merit. (Para 11 , 12)

2. Mr. Deepak Bisht, learned Deputy A.G. for the State.

3. Mr. Rajat Mittal, learned counsel for respondent no.2.

4. The present criminal revision has been preferred challenging the judgment and order dated 02.09.2022 passed by the learned Judge, Family Court, Vikasnagar, Dehradun in Criminal Misc. Case No. 02 of 2022 under Section 125 Cr.P.C., whereby maintenance at the rate of ₹6,000/- per month has been awarded in favour of respondent no.2-wife.

5. Learned counsel for the revisionist would submit that the revisionist and respondent no.2 are husband and wife and their marriage was solemnized on 26.05.2015 according to Hindu rites and ceremonies; that, due to matrimonial discord, the parties started living separately; that, thereafter, respondent no.2 instituted proceedings under Section 125 Cr.P.C. seeking maintenance.

6. He would further submit that the Family Court has awarded maintenance at the rate of ₹6,000/- per month without properly appreciating the material available on record. It is further submitted that the revisionist is employed as a Senior Operator in a private company and is earning only about ₹16,615/- per month; that, there is no child born out of the wedlock and, therefore, the amount of maintenance awarded is excessive and liable to be reduced.

7. Per contra, learned counsel for respondent no.2 would submit that respondent no.2 is the legally wedded wife of the revisionist and has no independent source of income sufficient to maintain herself; that, a wife is entitled to live with dignity and enjoy a standard of living commensurate with that of her husband; that, the learned Family Court, after considering the income and financial status of the revisionist, has rightly awarded maintenance at the rate of ₹6,000/- per month and the impugned order does not call for any interference.

8. Having considered the rival submissions and upon perusal of the record, this Court finds that the marital relationship between the parties is not in dispute. The record further reveals that efforts for reconciliation and amicable settlement were undertaken, but the same did not yield any positive result. The Family Court, after considering the pleadings of the parties and the material available on record, assessed the income of the revisionist and awarded maintenance at the rate of ₹6,000/- per month in favour of respondent no.2-wife.

9. It is well settled that the object of Section 125 Cr.P.C. is to prevent destitution and vagrancy and to provide financial support to a wife who is unable to maintain herself. A legally wedded wife is entitled to maintenance so as to enable her to live with dignity and in a manner commensurate with the status and standard of living of her husband. The quantum of maintenance awarded by the Family Court cannot be said to be arbitrary, excessive or unreasonable considering the income of the revisionist and the circumstances of the case.

10. This Court does not find any jurisdictional error, illegality, perversity or material irregularity in the impugned order warranting interference in exercise of revisional jurisdiction.

11. Accordingly, the criminal revision is devoid of merit and is hereby dismissed.

12. No order as to costs.

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